If you or a loved one has been injured, you may be wondering if you will have to file a lawsuit. The answer to that depends on your case, the severity of your injury, and many other factors. In some cases, you may only have minor medical bills that will be covered by insurance. In other cases, the person responsible may admit their fault, and offer you cash to settle the claim. However, in most cases, the person responsible will deny they are at fault, and the insurance company may try and get away with paying out as little as possible. This is where you may have to file a lawsuit to make sure you are compensated for your injuries.
A civil lawsuit is a way to force the responsible party to pay money damages, to compensate you for your pain, suffering, medical bills, and lost wages. Minor claims may be handled in small claims court. However, you are limited to how much you can recover in small claims court, and many people underestimate the true cost of their injuries, which can easily exceed the small claims limit. If you want to file a lawsuit, you should contact a Philadelphia personal injury attorney with experience in handling cases like yours.
When you contact an attorney about an accident or injury, one of the questions you will likely have is: will I have to file a lawsuit? Because every case is unique, whether or not you will need to file a lawsuit will depend on the facts and circumstances of your case, the willingness of the parties to reach a settlement agreement and various other factors.
One of the initial benefits of filing a lawsuit is that it informs the responsible party that you are taking your claim seriously. This will force them to take your claim seriously as well. The justice system is there to make sure that someone who acts negligently will pay for the damage they've done. Your personal injury attorney will make sure your claim is filed in time, all the responsible parties are notified, and handle negotiations so you can focus on recovery, and getting back to your normal life.
As soon as you file a lawsuit, the defendants may begin to take settlement negotiations seriously. If they were offering you nominal amounts before, they will likely increase their offer since you now have a legal representative on your side. An agreeable settlement may be a benefit for everyone involved, as it will save you time and money, and put the money in your pocket sooner, rather than later. However, it is still up to you whether to agree or not. Your attorney will fight for you to get the best settlement terms, but the decision to accept the agreement is up to you.
Jury Award for Damages
Although most cases are eventually settled, the settlement becomes more likely as the case gets closer to trial. As the case progresses, your attorney will have a better idea of the likely settlement value of your case. Your attorney will keep you informed of any settlement negotiation progress, so you can make the best decision for you and your family. However, if the defendants do not offer up an agreeable settlement, your case may proceed to trial.
Your case may be heard by a jury, or by the judge in a bench trial. Each side will present their case, argue their position, and present any expert testimony on your injuries and the amount of appropriate damages. The judge or jury will then decide the case, and determine the appropriate award. If there are no further appeals or motions to change the decision, your lawsuit will be over, and you'll be able to go back to living your life.
Philadelphia Personal Injury Lawyers
There may be many benefits to filing a personal injury lawsuit, including making sure you are compensated for your injuries. Your experienced Philadelphia personal injury attorney will help you decide whether to file a lawsuit. If you or a loved one has been injured in an accident due to someone's negligence, please do not hesitate to call Gilman & Bedigian today for a free consultation.